Application for anticipatory bail under Section 482 BNSS. Court granted interim bail subject to personal bond and conditions including availability for interrogation and non-interference with witnesses.
Released on interim anticipatory bail on furnishing personal bond and two solvent sureties.
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Court No. - 15
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 148 of 2024
Applicant :- Mujeeb Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 608 of 2024, under sections 316(2), 318(2), 352, 351(2) of B.N.S. P.S.- Deva District - Barabanki.
The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that though there is allegation that applicant after taking the amount of Rs. 85,000/- had managed to sent the son of the informant to Oman, but no work was allocated to him which is against the agreement and thereafter, he return after one and half month and thus, the allegation is that the applicant has committed cheat & fraud but there is no truthfulness in the same and there is no evidence that any amount as is alleged has ever been given to the applicant. He further added that since there is enmity in between the parties and therefore, the first information report has been lodged and he has been implicated. He next added that the present matter is triable by Magistrate and the applicant undertakes that he will be always available for interrogation/investigation. Further there is apprehension that he will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail.
On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail.
Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Mujeeb shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and
two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) that the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;
(iii) that the applicant shall not leave India without the previous permission of the court;
(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;
(v) that the applicant shall not pressurize/ intimidate the prosecution witness;
(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.
Let notice be issued to opposite party no. 2, returnable at an early date.
Steps be taken within a week.
If steps are taken, office shall proceed accordingly.
List/put up this matter in the week commencing 06.01.2025.
In the meantime, the State as well as opposite party no. 2, may file their counter affidavit.
Order Date :- 19.11.2024 Mayank
Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in the present cheating and fraud case pending investigation.
Mujeeb
State Of U.P.
Prakash Singh
As recorded by the court registry
5 orders share this CNR
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